Section 3: Community service order
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
3. Community service order
(1) Where a Court—
(a) convicts a minor and, in accordance with the Juvenile Offenders
Act, sentences him to a term of imprisonment, not being a sentence fixed by law; or
(b) convicts a person of the age of 18 or over and sentences him to
a term of imprisonment not exceeding 2 years and not being a
sentence fixed by law,
the Court may suspend the sentence of imprisonment and make a community
service order.
(2) Subsection (1) shall not preclude the Court from making such order
for costs or from imposing such disqualification against the convicted person
as may be made or imposed under any enactment.
(3) Where a fine—
(a) not exceeding 30,000 rupees with or without costs ordered by a
Court remains unpaid; or
(b) exceeding 30,000 rupees with or without costs ordered by a
Court has an unpaid balance of 30,000 rupees or less,
and the Court orders, by warrant or otherwise, that the convicted person
shall undergo a term of imprisonment in lieu of the payment of the fine and
costs, the Court may suspend the sentence of imprisonment and make a
community service order.
(4) Notwithstanding any other enactment, a convicted person shall not,
by reason of work performed under this Act, be treated as an officer, servant
or préposé of the State.
(5) In this section, “sentence fixed by law” means—
(a) a sentence of penal servitude for life or detention during the
President’s pleasure;
(b) a sentence in respect of an offence for the prosecution of which
section 205 of the Criminal Procedure Act provides that Part X
of that Act shall not apply.
[S. 3 amended by s. 4 of Act 5 of 2009 w.e.f. 1 August 2009; s. 6 of Act 27 of 2013 w.e.f.
21 December 2013.]